Grant of Water Easement 2017-0596952RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
APN: 31
GRANT OF WATER EASEMENT
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922
(Conveyance to a Government Agency)
DOC# 2017-0596952
111111 illll 11111 11111 1111 111111 11111 illll 11111 11111 11111 11111 1111 1111
Dec 20, 2017 11:28 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR: N/A
PAGES. 7
)ace for Recorder's Use
CIP Poway LLC, a Delaware limited liability company, (hereinafter "GRANTOR"), hereby grants to
the CITY OF POWAY (hereinafter "GRANTEE"), its successors or assigns, the easement and
incidents thereto to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline, and
pipelines and appurtenances thereto, at such locations and elevations, upon, along, over and
under that certain real property in the City of Poway, County of San Diego, State of California,
described in Exhibit "A" and shown in Exhibit "B" which are made a part hereof. GRANTEE may
now or hereafter determine in its sole discretion without any additional compensation therefor,
together with the right of ingress and egress from the easement by a practical route or routes in,
upon, over, or across the land described below, together with the right to use this easement, for
access to GRANTEE's rights-of-way situated in adjacent lands, without any additional
compensation therefor.
The land encompassing this easement is situated in the City of Poway, County of San Diego, State
of California and is more particularly described as follows, to wit:
GRANTOR, its heirs, successors and assigns shall not erect or construct or permit to be erected or
constructed any building, structure, or improvement, or plant any tree or trees, or plant any other
vegetation or flora within said easement without the express written approval of the City of Poway
as evidenced by the signature of the Director of Development Services on an approved plan.
GRANTOR, its heirs, successors, and assigns shall not dig or drill any hole or wells on any portion
of the easement.
GRANTEE may use all gates and fences, which, now or later, cross any portion of the easement.
GRANTEE shall also be entitled to trim, cut, or clear away or remove any trees, brush, or other
vegetation or flora, from within said easement, from time to time as GRANTEE determines in its
sole discretion without any additional compensation.
GRANTOR agrees that no other easement or easements shall be granted on, under, or over this
easement without obtaining the prior written consent of GRANTEE.
GRANTEE may at any time increase its use of the easement, without changing the purpose of
Grant of Water Easement / APN: 317-101-15-00
Page 2
such use, change the location of facilities within the boundaries of the easement right-of-way, or
modify the size of improvements as it may determine in its sole discretion from time to time without
paying any additional compensation to GRANTOR or GRANTOR's heirs, successors, or assigns,
provided GRANTEE does not expand its use of the easement beyond the easement boundaries
described above.
It is also understood and agreed by the parties that the GRANTOR, and the GRANTOR'S heirs,
successors or assigns, shall not increase or decrease or permit to be increased or decreased the
existing ground elevations of the above-described easement that exist at the time this document is
executed without obtaining the prior written consent of the GRANTEE.
In the event of any dispute involving this Agreement, whether or not litigation is commenced, or if
any arbitration proceeding, administrative proceeding, or litigation in law or in equity, including an
action for declaratory relief, is brought to enforce or interpret the provisions or performance of this
Easement, the prevailing party shall be entitled to an award of all attorney's fees and the costs of
the proceeding, which shall be determined by the court or the presiding officer having authority to
make this determination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant this
easement in accordance with its terms.
IN AITNESS WHEREOF, the GRANTOR has executed this Easement this day of
MaJet"l6e.— , 2017.
OWNER: CIP Poway LLC
a Delaware limited liability company
By: Capstone Asset Management, Inc.
a California corporation
its Manager
By: v Date: U Z�
Alex Zika,
Its: President
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
On ?7, 7.17 before me, Vis, ,4 Asp
(insert name and itle of the officer)
personally appeared Xle'x
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
ISANN ROSE DOMINGO CREDIT
r COMM. #2147623
WITNESS my hand and official seal. NOTARYPU6uC •CALIFORNIA
SAN DIEGO COUNTY
Commission Expires Mar 26, 2020
Signature (Seal)
Grant of Water Easement / APN: 317-101-15-00
Page 3
(Signature Must Be Notarized)
Approved as to Form:
Office of the City Attorney
v Date:
Morg77 ley, City Att rney
Grant of Water Easement / APN: 317-101-15-00
Page 4
CERTIFICATE OF ACCEPTANCE
Grant of Water Easement
APN: 317-101-15-00
This is to certify that the interest in real property located in the City of Poway conveyed by the
Grant of Easement described in the attached document dated: ✓lodP. uk12 d-'1 J -a 1-1
from CIP Poway LLC, (Grantor), to the City of Poway, (Grantee), a political corporation and/or
governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City
Council pursuant to authority conferred by Resolution No. 17-007 adopted on April 18, 2017.
Dated:/?,U-7 CITY OF POWAY
Seal:
0
Rbbert J. Maxis
Director of Development
EXHIBIT "A"
LEGAL DESCRIPTION
WATERLINE EASEMENT
ALL THAT CERTAIN REAL PROPERTY, SITUATEDIN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE SOUTH 489.33 FEET OF THE WEST 229.75 FEET OF THE
EAST 459.50 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE
AND MERIDIAN, AS DESCRIBED IN GRANT DEED RECORDED FEBRUARY 27, 2015
AS DOCUMENT NO. 2015-0090893 OF OFFICIAL RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LAND DESCRIBED IN SAID
GRANT DEED; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LAND
DESCRIBED IN SAID GRANT DEED, AND THE EASTERLY LINE OF AN EXISTING
EASEMENT GRANTED TO POWAY MUNICIPAL WATER DISTRICT PER DOCUMENT
RECORDED DECEMBER 28, 1978 AS DOCUMENT NO. 78-555427 OF OFFICIAL
RECORDS, NORTH 2020'02" EAST, 438.01 FEET TO THE NORTHEASTERLY CORNER
OF SAID EXISTING EASEMENT; SAID POINT ALSO THE TRUE POINT OF
BEGINNING: THENCE RETRACING ALONG SAID LINE, SOUTH 2020'02" WEST, 20.00
FEET; THENCE LEAVING SAID LINE, SOUTH 87°39'58" EAST, 33.58 FEET; THENCE
NORTH 2020'02" EAST, 20.00 FEET; THENCE NORTH 87039'58" WEST, 33.58 FEET TO
THE TRUE POINT OF BEGINNING.
CONTAINS 672 SQUARE FEET, MORE OR LESS.
LAW s,
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ADAM E.
ADAM E. EISENBERG, LS 9096 DATE EISENBERG
* No. 9086
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EXISTING EASEMENT
GRANTED TO POWAY
MUNICIPAL WATER
DISTRICT RECORDED
12/28/1978 AS
DOC.#78-555427 O.R.
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20.00' I N87'39'S8"W \IIx
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I `LAND DESCRIBED IN
GRANT DEED RECORDED
2/27/2015 AS
DOC.#2015-0090893 O.R.
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�POWAY ROAD
EXHIBIT "B"
P.O.B.
N87'39'S8"W 33.58'
N2'20'02"E 20.00'
I
EXISTING 50.00'—WIDE
COUNTY HIGHWAY EASEMENT
PER DOCUMENT RECORDED
JANUARY 2, 1963 AS
FILE/PAGE NO. 309, O.R.
INDICATES AREA OF
WATER EASEMENT.
CONTAINS 672 SQUARE FEET,
MORE OR LESS.
WATER EASEMENT
GRANTED TO CITY OF POWAY
IN A PORTION OF THE SOUTHEAST 1/4
OF THE NORTHWEST 1/4 , SECTION 13
T.14S, R.M. S.B.B.M
SCALE: I"--100'
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ADAM E. 9 1
* EJSENBERG
No. 9098
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13NVE
9449 Balboa Avenue, Suite 270
San Diego, CA 92123 (619) 299-5550
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